California, United States of America
The following excerpt is from People v. Ray, F073129 (Cal. App. 2018):
" ' "In criminal cases, even in the absence of a request, a trial court must instruct on general principles of law relevant to the issues raised by the evidence and necessary for the jury's understanding of the case." [Citation.] That duty extends to " 'instructions on the defendant's theory of the case, including instructions "as to defenses ' "that the defendant is relying on ..., or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case." ' " ' " [Citation.] But " 'when a defendant presents evidence to attempt to negate or rebut the prosecution's proof of an element of the offense, a defendant is not presenting a special defense invoking sua sponte instructional duties.' " " (People v. Lawson (2013) 215 Cal.App.4th 108, 117.)
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